{
    "case_number": "CAC-UDRP-103488",
    "time_of_filling": "2020-12-30 09:09:02",
    "domain_names": [
        "wehealth.pro"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "BIOFARMA",
        "LES LABORATOIRES SERVIER"
    ],
    "complainant_representative": "IP TWINS",
    "respondent": [
        "王坤 (wangkun)"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainants BIOFARMA SAS and LES LABORATOIRES SERVIER SAS are both part of the SERVIER GROUP which is the largest French pharmaceutical group on an independent level and the second largest pharmaceutical French group in the world. SERVIER GROUP is active in 149 countries and employs more than 22,000 people throughout the world. WEHEALTH has been launched in 2016 and focused on establishment of partnerships between SERVIER GROUP and new startups in digital health.\r\n\r\nThe Complainants hold EU, IR and French trademark registrations for “WEHEALTH” and “WEHEALTH BY SERVIER”. One of the Complainants BIOFARMA SAS also holds domain names bearing “WEHEALTH” such as <wehealth.com>.\r\n\r\nThe Respondent registered the disputed domain name <wehealth.pro> on September 13, 2020 and the domain name is currently inactive.\r\n\r\nThe Complainants BIOFARMA SAS and LES LABORATOIRES SERVIER SAS requested the consolidation of their disputes in a single Complaint arguing that the consolidation would be equitable and procedurally efficient. Pursuant to the paragraph 10(e) of Rules for Uniform Domain Name Dispute Resolution Policy (“Rules”) upon a request by a Party the Panel shall decide to consolidate multiple domain name disputes in accordance with the Rules. The Complainants submitted information which shows and which the Panel accepts that they are both allied to the company SERVIER SAS and both hold trademark registrations for “WEHEALTH”. Accordingly, the Complainant’s consolidation request is accepted by the Panel and the disputes shall be resolved under sole Complaint.\r\n\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANTS:\r\n\r\nThe Complainants BIOFARMA SAS and LES LABORATOIRES SERVIER SAS are parts of the SERVIER GROUP which is one of the largest pharmaceutical groups in France.\r\n\r\nThe Complainants hold the EU, IR and French trademark registrations for the trademarks “WEHEALTH” and “WEHEALTH BY SERVIER” and BIOFARMA SAS is also the owner of several domain names bearing “WEHEALTH”.\r\n\r\n1. THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR\r\n\r\nThe Complainants allege that the disputed domain name <wehealth.pro> is confusingly similar to the Complainants’ trademarks “WEHEALTH” and “WEHEALTH BY SERVIER” as it bears the distinctive element of the Complainants’ trademarks namely “WEHEALTH” as a whole.\r\n\r\nFurther, the addition of the GTLD “.pro” does not abolish the confusing similarity.\r\n\r\nThe Complainants refer to earlier Panel decision CBS Broadcasting Inc. v. Worldwide Webs, Inc., Case No. D2000-0834.\r\n\r\n2. NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainants state that the Respondent has no rights on the disputed domain name as the Respondent is not known as the disputed domain name and as the Respondent does not hold any trademark for “WEHEALTH” or “WE HEALTH”.\r\n\r\nThe Complainants also argue that the Respondent did never use the disputed domain name and it demonstrates the lack of rights or legitimate interests.\r\n\r\nMoreover, the Complainants state that neither license nor authorization has been granted to the Respondent to use the Complainants’ trademarks “WEHEALTH” and “WEHEALTH BY SERVIER” and the Respondent is not commercially linked to the Complainants.\r\n\r\nThe Complainants indicate that they have made a prima facie case that the Respondent lacks legitimate rights or interests in the disputed domain name and the burden of proof has shifted to the Respondent referring to the earlier Panel decision Croatia Airlines d.d. v. Modern Empire Internet Ltd., WIPO Case No. D2003-0455.\r\n\r\n3. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainants state that the disputed domain name was registered and is being used in bad faith. \r\n\r\nThe Complainants assert that the Complainants’ trademarks are widely-known and that the Respondent has registered and used the disputed domain name with full knowledge of the Complainants’ trademarks “WEHEALTH” and “WEHEALT BY SERVIER”. \r\n\r\nThe Complainants argue that “WEHEALTH” term which is the combination of English words “WE” and “HEALTH” does not have a dictionary meaning and accordingly the Respondent could not have registered the disputed domain name as a generic term.\r\n\r\nThe Complainants also state that the disputed domain name is not being used for any bona fide offering and this fact, not being used of the disputed domain name, alone is sufficient to prove the bad faith of the Respondent according to many WIPO UDRP decisions. \r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "The Complainants have, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainants have, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).",
    "bad_faith": "The Complainants have, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\nUnder the information provided by the Registrar, the Registration agreement was in Chinese language. The Complainants BIOFARMA SAS and LES LABORATOIRES SERVIER SAS submitted the Complaint in English stating that they are both French entities which are not able to effectively communicate in Chinese and the conduct of the proceeding in Chinese would cause additional translation expenses. The Complainants argue that the disputed domain name consists of the combination of two English words which shows that the Respondent has at least an operational understanding of the English language. The Complainants refer to earlier Panel decisions WIPO Case n° D2008-1191 “Zappos.com, Inc. v. Zufu aka Huahaotrade” and WIPO Case n° D2018-0873 “Yves Saint Laurent, SAS v. 尹素兰 (Yin Sulan)”. \r\nPursuant to the paragraph 11(a) of Rules for Uniform Domain Name Dispute Resolution Policy (“Rules”) unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement and the Panel has the authority to determine otherwise. The Panel determines in accordance with the Rules, paragraph 11(a), that the language of the present administrative proceeding shall be English.  Although the language of the Registration Agreement is Chinese, the Panel finds that it would be inappropriate, given the circumstances of this case, to conduct the proceedings in Chinese and request a Chinese translation of the Complaint while the disputed domain name was created in English and the Respondent has failed to file any response to the Complaint. Considering that the English is not the native language of the Complainants; the Panel is convinced that the Respondent will not be prejudiced by a decision being rendered in English. ",
    "decision": "Accepted",
    "panelists": [
        "Mrs Selma Ünlü"
    ],
    "date_of_panel_decision": "2021-02-10 00:00:00",
    "informal_english_translation": "One of the Complainants BIOFARMA SAS has submitted evidence, which the Panel accepts, showing that it is the registered owner of the French trademark WEHEALTH (Registration n°4280290) and IR trademark WEHEALTH (Registration n°1329611).\r\n\r\nMoreover, the Complainant BIOFARMA SAS is also the owner of the domain names bearing the sign “WEHEALTH” such as <wehealth.fr> and <wehealth.com>.\r\n\r\nThe other Complainant LES LABORATOIRES SERVIER SAS has submitted evidence, which the Panel accepts, showing that it is the registered owner of the EU trademark WEHEALTH BY SERVIER (Registration n°015850548), French trademark WEHEALTH BY SERVIER (Registration n°4300433) and IR trademark WEHEALTH BY SERVIER (Registration n°1361896).\r\n",
    "decision_domains": {
        "WEHEALTH.PRO": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}